Muyni
← Back to Canton

City Council

Regular Meeting

Canton, OH · August 11, 2014

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -518- MINUTES OF THE MEETING AUGUST 11, 2014 PRESIDENT PRO TEM MORRIS: With a quorum being present the Chair calls this meeting of Canton City Council to Order. Roll call please. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, RICHARD HART, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, KEVIN FISHER, DAVID DOUGHERTY, JOHN MARIOL & EDMOND MACK) TWELVE COUNCIL MEMBERS PRESENT, PRESIDENT SCHULMAN ABSENT. CLERK TIMBERLAKE: All present, Mr. President. PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President, I move we excuse President Schulman from tonight’s meeting. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to excuse President Schulman from this evening’s meeting. Any remarks? If not, roll call please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM MORRIS: Motion carries. President Schulman is excused from this evening’s meeting. Tonight’s invocation will be given by John Mariol, Ward 7 Councilman. Please remain standing please, for our Pledge of Allegiance. The regular meeting of Canton City Council was held on August 11, 2014 at 7:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council Cynthia Timberlake. The invocation was given by Council Member John Mariol. The Pledge of Allegiance led by President Pro Tem Morris. AGENDA CORRECTIONS & CHANGES PRESIDENT PRO TEM MORRIS: We’re now under Agenda Corrections and Changes. Leader. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Readings Ordinance #4 through and including #9; and Communications #337, being withdrawn. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: Okay, Rule 22A is suspended and the Ordinances are a legal part of this night’s...this evening’s agenda...okay COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -519- MINUTES OF THE MEETING AUGUST 11, 2014 PUBLIC HEARINGS PRESIDENT PRO TEM MORRIS: Okay, Public Hearings, we have none. Old Business... MEMBER DOUGHERTY: Point of Order. We didn’t vote. PRESIDENT PRO TEM MORRIS: Pardon me? CLERK TIMBERLAKE: For agenda corrections...we didn’t vote... PRESIDENT PRO TEM MORRIS:...oh, sorry...nice catch. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM MORRIS: Thank you. Okay...now...we’re under Agenda and Corrections...okay, Rules 22A Suspended...just trying to catch up here...okay...Public Hearings, we have none... OLD BUSINESS PRESIDENT PRO TEM MORRIS: There is no old business. PUBLIC SPEAKS PRESIDENT PRO TEM MORRIS: ...and tonight we have 5 speakers. First being Ms. Julie Sparks. Please state your name and your address for the record, please. JULIE SPARKS: (Inaudible)...Is it on yet? CLERK TIMBERLAKE: Yes, it’s on, yes, it’s on... JULIE SPARKS: 1514 Vassar Ave. NW, Canton, Ohio 44703. (Inaudible). Julie Sparks provided information on urban agriculture and food access to get fresh food to the citizens. There are now a few Farmer’s Markets and community gardens around the city. Mobile markets and urban farms are coming up in the nation. If you see any items labeled as Start Fresh, they are from J.R. Coleman. PRESIDENT PRO TEM MORRIS: Thank you. Next speaker tonight is Mr. Eric Resnick. Please state your name and address. ERIC RESNICK: Eric Resnick, 1828 Grace Ave NE 44705. (Inaudible). Mr. Resnick spoke as the President of the Canton Join Recreation Board. A few weeks ago he was here and felt their Board was disrespected. They work hard at providing due diligence in matters regarding this Board. If there are any questions regarding their policies or project, please contact them. Thank you. (Applause). PRESIDENT PRO TEM MORRIS: Thank you. (Inaudible). Next speaking tonight is Mr. Bruce Nordman. Mr. Nordman state your name and your address for the record, please. BRUCE NORDMAN: I’m Bruce Nordman. I reside at 1623 Logan Ave. NW, in Canton. A couple of weeks COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -520- MINUTES OF THE MEETING AUGUST 11, 2014 ago, it was a great week for Canton. Out in front of this building is the birth of the NFL. One of the first of many statues, and we’re doing a great job in catching up to Cooperstown, and I hope we continue to do that. Congratulations to everyone involved. But tonight, I’m here to urge the Council to approve the $2,000,000.00 loan to Steve Coon and the Onesta Hotel. This is got a real short fuse in term of doing a lot of good for the City, just like the invocation last...a couple of weeks ago, with the Hall of Fame statue, because it’s going to open on the 31st of October. So, this is another positive thing for the City, unlike the Hercules project, which is also a positive thing, but down the road a piece. So, here’s another bang, bang, that’s going to be good for the City of Canton. This is our third time as Group 175, appearing before the Councils and talk and urge for help from City Council and from the Administration, to get this project finalized. Steve’s got a great history of dedication to this City. He has reached in his pocket many, many times, spent his own money on projects to the benefit of Wards in the City, starting when he was a youngster at the age of 16 when he got involved in the restoration of the Saxton Home, which we now use as a draw for our own citizens and for people visiting the City. He took out of his own pocket, money to re-light and re-start the Kennedy Flame over in Monument Park. I know he’s worked with many councilmen, Councilman West, to help with pro...projects that have been beneficial to the City. When Group 175 raised $2500.00 for the banners, Canton McKinley beat Massillon, all of a sudden we had a banner and no place to put it; so I called Steve and he said, “Sure, put it outside of the Canton Club”. This is a guy that has donated so much effort to the City, and I urge you to approve this as soon as possible so this project can be finished. And I’m sure as you speak, members of the audience here, they’ve all got great stories about Steve Coon and what he’s done for this City, and the Onesta is most certainly another jewel in the crown of restoring Canton to the pride that it once had and I’m happy to be here to urge you to do this as soon as possible. Thank you. (Applause). PRESIDENT PRO TEM MORRIS: Thank you Mr. Nordman. Next up is Becky Murray...or Murphy. Sorry Becky. BECKY MURPHY: That’s alright. PRESIDENT PRO TEM MORRIS: Please state your name and your address for the record, please. BECKY MURPHY: My name is Becky Murphy. I live at 1470 St. Elmo Ave. NE, and for the record, I’ve lived in Canton for 13 years and I have no idea who Steve Coon is. (Laughter). I am here to...I am here tonight because of a tax law you passed that effectively punishes people like me, who found decent paying jobs outside of the City of Canton. You don’t see it as punishing me by limiting the 2.25% of Akron taxes I pay to just 1.7% allowed to be applied to my Canton tax liability, but I do, and here is why. Industrial buildings not cleaned out properly were the cause of a sulfur dioxide spill in our recent history, and forgive me for not following up my last visit here, but I’m not aware of any known actions to rectify other possible buildings that may be storing dangerous chemicals. Correct me if I’m wrong, I’d be happy to hear that you’re actually doing something about that from my last visit here, but I’m just not aware of that myself. You spent $400,000.00 of taxpayer dollars for the Shotspotter System installed in my neighborhood, but yet the patch job of 15th Street NE, between Rowland and St. Elmo, of a section of street literally falling apart is horrible. But if you drive down 25th Street NW, the patch jobs down there are beautiful. Let’s not forget how 12th Street NW, near Fulton, and 12th Street between Market and Mahoning Road have been grooved in preparation of being paved months ago, and still aren’t done yet. People literally have to drive like 10 mph to go down that street. I may not live by Malone College or North Market, past 30th Street, but I pay my taxes. Maybe I’d feel like the $88.78 I now apparently owe you, would be worth it if the above-mentioned problems in Ward 2 and other places were taken care of with the same pride that other areas of Canton are taken care of. Maybe if poor people felt like the City cared about them, we wouldn’t be so angry about back-handed tax laws, that again, COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -521- MINUTES OF THE MEETING AUGUST 11, 2014 feel like a punishment more than anything to people who get so very little in return from the City they live in. I hope I touch your compassionate, human side tonight, instead of just falling upon the deaf ears of politicians. I hope I make a difference here. The City is only as strong as its weakest link and just what are you going to do about it, besides pass revenue generating tax laws that do nothing but burden the people who couldn’t find a decent paying job here. Thank you. (Applause). PRESIDENT PRO TEM MORRIS: Thank you. Next up, Mr. Jim Parker. JIM PARKER: Good evening, thank you. James Parker. 630 Penny St. SE, city of North Canton. New urban farm landscape, that sounds good. Agriculture and farming below the front line, she might want to consider what they’re working on in Cleveland currently. What will it look like in 20 years, 30 years, 50 years? Perhaps we could use the basements of demolished homes, like terrariums, and cover them. Mr. Resnick, though, is the only man I know that can start a fight at a peace conference. That dog don’t hunt. As far as any implications of imputing Law Director Martuccio’s character, that dog don’t hunt. Now, my plan here and what I want to talk about tonight, is to use traditional Chinese medicine for opioid, crack, heroin detoxification. We have no current method outside of Methadone, which is harder to detox from and longer to detox from, at least that’s proven, than heroin itself. Now, I’ve mentioned Dr. Metulu Shakur, who in 1974 at the Lincoln Hospital in South Bronx, New York, started the first program using the work of Dr. Hsiang Lai Wen of Hong Kong, among other. Hundreds of heroin addicts were being treated simultaneously. As reported by Dr. Misha Ruth Cohen, in her book on Chinese healing. Shakur pioneered this National Acupuncture Detoxification Association (NADA), in Spanish, meaning nothing. And, it still exists. And they have national protocols. And I’d like you to consider Acupuncturists Without Borders, who have worked with the Cleveland Zoo Chief Buddhist Charitable Organization at Ground Zero and beyond. Just like the junkies, it’s time Stark County admits that we need help and leave no stone unturned in reaching out for that help. There is no alternative medicine. It’s either medicine, it works, it’s real and proven, or it doesn’t and it isn’t. The World Health Organization list goes on. The Chinese medicine’s been proven to be effective. These approaches could offer a sea change in how we shift our paradigm towards more effective treatments in order to save lives. Whose life is next? Your daughter? Your nephew? When one of yours goes, you may have wished you taken this idea more seriously. I did when my brother George died at age 29. So, if you don’t think I have a vested inference...interest in what I do around here, you may be sadly mistaken. Because from a very personal level, I’ve studied this type of approaches for twenty years now. So, I have quite a few of those stories. In closing, I believe the police sub-station at 12th and Shorb Ave. could be re-opened and utilized as a treatment center location for these, new to use, approaches. Turning away no one on account of pay. Your support of any of these approaches like this will save lives. My final to this honorable Council, if not us, who? If not now, when? The bodies are piling up in mounds. Are there any questions? Somehow I didn’t think so. Thank you. (Applause). PRESIDENT PRO TEM MORRIS: Thank you Mr. Parker. That concludes Public Speaks. We’d like to thank you all for coming out, speaking this evening. INFORMAL RESOLUTIONS PRESIDENT PRO TEM MORRIS: We are now under Informal Resolutions. Madame Clerk can you please read Resolution 34 by title, please. #34. PERSONNEL COMMITTEE: RE-APPOINT CHARLES DEGRAFF TO STARK AREA REGIONAL TRANSIT AUTHORITY BOARD FROM 9/1/14 - 8/31/17. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -522- MINUTES OF THE MEETING AUGUST 11, 2014 MEMBER SMITH: I move we adopt Informal Resolution #34. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: There’s a motion to adopt Resolution #34. Are there any remarks? If not, by voice vote all those in favor signify by saying yea. Those opposed no. ...All those in favor...(Laughter)...(Inaudible)...did I? I don’t know. Can I have a mulligan on that. (Laughter)... CLERK TIMBERLAKE: Yeah, let’s do that. PRESIDENT PRO TEM MORRIS: There is a motion to adopt Information Resolution #34. Are there any remarks? If not, by voice vote all those in favor signify by saying yea, those opposed, nay. NO REMARKS RESOLUTION #34 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM MORRIS:...(Laughter)...The ayes have it, Resolution #34 has been adopted. I have a sinus headache. I’m dying of the flu, and our wonderful President is playing golf. (Laughter). CLERK TIMBERLAKE:...(Laughter)...something’s wrong with that picture. (Laughter). COMMUNICATIONS PRESIDENT PRO TEM MORRIS: We’re now under Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED AUGUST 11, 2014. 333. AUDITOR MALLONN: CORRECTION OF AMENDED CERT FROM 4/11/14. - RECEIVED & FILED 334. AUDITOR MALLONN: REQ FOR ADDTL AMENDED CERT FOR 7/28/14. - RECEIVED & FILED 335. AUDITOR MALLONN: MNTHLY RPT BY FUND 7/1/14 - 7/31/14. - RECEIVED & FILED 336. AUDITOR MALLONN: YRLY RPT BY FUND 1/1/14 - 7/31/14. - RECEIVED & FILED 337. COMM DEV DIRECTOR MILLER: ESTABLISH FAIR REUSE VALUE OF PARCELS OF REAL PROP & AUTHORIZE THE DISPOSITION OF SAID PROP (PARCEL #225695 @ 402 RAYNOLDS PL SW; PARCEL #228723 @ 442 WAYNESBURG DR SE; PARCEL #233228 @ 2114 3RD ST NE; PARCEL #202030 @ 1601 19TH ST NE) ALL FOR $1.00 TO STARK COUNTY LAND REUTILITZATION CORP. - WITHDRAWN 338. CNCL-AT-LRG MBR HART: ESTABLISH BRICK STREET REPAIR PROG IN CANTON. - COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -523- MINUTES OF THE MEETING AUGUST 11, 2014 RECEIVED & FILED 339. DEPT OF COMMERCE: NOTICE OF HRG ON TRANSFER OF C-1-2 PERMIT FOR SSP OF CANTON, INC. DBA S & K MINI MART @ 1735 CLEVELAND AVE NW ON 9/3/14 AT 2:00 PM @ DEPT OF JOB & FAMILY SERV, 221 3RD ST SE. - RECEIVED & FILED 340. DEPT OF COMMERCE: NOTICE OF HRG ON TRANSFER OF C-1-2, D-6 PERMIT FOR HARMONT QUICK STOP, LLC DBA HARMONT QUICK STOP @ 3325 HARMONT AVE NE ON 9/3/14 AT 1:00 PM @ DEPT OF JOB & FAMILY SERV, 221 3RD ST SE. - RECEIVED & FILED 341. DEPUTY MAYOR WILLIAMS: CONTINUE CONTRACTUAL AGMT WITH CITY OF CANTON AND CCIC IN AMT NOT TO EXCEED $250,000.00. - FINANCE COMMITTEE 342. DEPUTY MAYOR WILLIAMS: AUTHORIZE SERV DIR TO ENTER INTO LOAN AGMT IN AMT NOT TO EXCEED $2,000,000.00 BETWEEN CITY OF CANTON AND HISTORIC ONESTO, LLC. ADMINISTERED BY CCIC; APPROVE ISSUANCE OF REVENUE BOND ANTICIPATION NOTE FOR PURPOSE OF FUNDING SAID LOAN; REQ FUNDS BE ESTABLISHED TO DISTRIBUTE PAYMENTS & REC REPAYMENTS; REQ $2,000,000.00 SUPP APPROP FROM NEW FUND TO DISTRIBUTE PROCEEDS OF NOTE; ALLOW ADEQUATE STOP GAP FINANCING AND AMEND SECTION 181.14(C) OF CODIFIED ORDINANCE OF CITY OF CANTON TO PERMIT CAPITAL IMPROVEMENT FUND TO REPAY OBLIGATIONS. - FINANCE COMMITTEE 343. DEPUTY MAYOR WILLIAMS: REQ WITHDRAW OF COM #317 FROM 7/28/14 AGENDA. - RECEIVED & FILED 344. DEPUTY MAYOR WILLIAMS: AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO AGMT WITH STONE CROSSING CARE CTR FOR NEW JOB CREATION INCENTIVE PROG PART OF ECONOMIC GROWTH INITIATIVE TO CREATE 50 NEW JOBS OVER NEXT 5 YRS. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 345. SAFETY DIRECTOR PERRY: AUTHORIZE REPEAL OF SECTION 133.051 OF CODIFIED ORDINANCES WHICH PERMITS BILLING FOR FIRE DEPT SERV PROVIDED AT MOTOR VEHICLE ACCIDENTS. - JUDICIARY COMMITTEE 346. SERVICE DIRECTOR BARTOS: REQ CERTIFICATION OF PROP TAXES TO COUNTY AUDITOR FOR DELINQUENT WATER & SEWER CHARGES. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 347. TREASURER PEREZ: RPT OF DEPOSITS AND PAY INS FOR JULY 2014 TO AMBULANCE LOCK BOX ACCT. - RECEIVED & FILED 348. TREASURER PEREZ: RPT OF PARKING METER REV FOR JULY 2014. - RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -524- MINUTES OF THE MEETING AUGUST 11, 2014 349. TREASURER PEREZ: RPT OF BANK RECONCILIATIONS & CITY’S OUTSTANDING INVESTMENTS AS OF 7/31/14. - RECEIVED & FILED 350. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS FILED AS OF 6/30/14. - RECEIVED & FILED 351. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS FILED AS OF 7/31/14. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT PRO TEM MORRIS: We’re now turn to Ordinances and Formal Resolutions for the First Reading. Madame Clerk would you please begin with Ordinance #1. NOTE: PRESIDENT PRO TEM MORRIS CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #3 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) A RESOLUTION AUTHORIZING AND ORDERING SIDEWALK REPAIRS UPON SERVICE OF RESOLUTION; AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO EFFECT SAID REPAIRS IF NOT COMPLETED; AUTHORIZING THE CLERK OF COUNCIL TO ASSESS AND CERTIFY THE COSTS TO THE COUNTY AUDITOR AS A TAX LIEN; AND DECLARING THE SAME TO BE AN EMERGENCY (1117 8th St. NW) Referred to Public Safety & Thoroughfares Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE DISCHARGE OF THE DEMOLITION LIEN, ASSESSMENTS, PENALTIES AND INTEREST ON THE PROPERTY KNOWN AS PARCEL NO. 02-21664 ON BEDFORD SW; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE RECEIVE BIDS, AWARDS AND ENTER INTO CONTRACT FOR THE PURCHASE OF SNOW PLOWS AND SALT SPREADERS; AUTHORIZING THE MAYOR AND/OR DIRECTOR TO ALTERNATIVELY PURCHASE SAID SNOW PLOWS AND SALT SPREADERS PURSUANT TO STATE COOPERATIVE PURCHASING AGREEMENTS; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT PRO TEM MORRIS: We now move to Ordinances and Formal Resolutions for their Second Reading. If you would you please begin, Madame Clerk, with Ordinance 4. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -525- MINUTES OF THE MEETING AUGUST 11, 2014 NOTE: PRESIDENT PRO TEM MORRIS CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #4 THROUGH #9 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS) #4. (2ND RDG) AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF TWO PARCELS OF CITY OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #’S 02-32362 & 02-32363 ON CORNER OF E TUSC & COLE AVE FOR JAMES HOSENBACKEZ) #5. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($175,000.00 FROM UNAPPROP BAL 1001 GENERAL FUND TO 1001 601001 COUNCIL ADMIN - OTHER) #6. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT EQUIPMENT AWARDED TO THE CANTON POLICE DEPARTMENT THROUGH A LAW ENFORCEMENT STATE HOMELAND SECURITY PROGRAM GRANT; AND DECLARING THE SAME TO BE AN EMERGENCY #7. (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $328.00 TO AULTWORKS FOR OCCUPATIONAL INJURIES AND DRUG SCREENS; AND DECLARING THE SAME TO BE AN EMERGENCY #8. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A REFUND TO TIMKEN STEEL CORPORATION IN AN AMOUNT NOT TO EXCEED $121,257.49; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($121,257.49 FROM UNAPPROP BAL 5410 SEWER FUND TO 5410 207003 74711 UTILITY BILLING - OTHER) #9. (2ND RDG) ADOPTED AS ORDINANCE NO. 156/2014 AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF ONE PARCEL OF CITY OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #02-21072 ON WINFIELD WAY NE FOR JRC (FORMERLY JR COLEMAN)) PRESIDENT PRO TEM MORRIS: Leader Smith. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rule for Ordinance # 9. MEMBER BABCOCK: Seconded. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -526- MINUTES OF THE MEETING AUGUST 11, 2014 PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you suspend the Statutory Rule for Ordinance #9. Are there any remarks? If not, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President PRESIDENT PRO TEM MORRIS: Thank you Madame Clerk. Motion carries. Leader you’ve heard the three readings. MEMBER SMITH: Mr. President, I move we adopt Ordinance #9. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #9. Are there any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEARS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #9 ADOPTED AS ORDINANCE 156/2014 PRESIDENT PRO TEM MORRIS: Thank you Madame Clerk. Ordinance #9 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT PRO TEM MORRIS: Alright, now we move to Ordinances and Formal Resolutions for Third, Final Reading and Vote. Would you please begin with Ordinance 10. NOTE: PRESIDENT PRO TEM MORRIS CALLED UPON CLERK TIMBERLAKE TO READ THE FOLLOWING ORDINANCES #10 THROUGH #19 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. MEMBER SMITH: Mr. President, I move we reconsider Ordinance #144/2014. It was adopted on July 28th. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to reconsider Ordinance #144/2014, adopted on July 28, 2014. Are there any remarks? If not, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM MORRIS: Leader. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -527- MINUTES OF THE MEETING AUGUST 11, 2014 MEMBER SMITH: Mr. President, I move we amend Ordinance #10 per copy that all Council Members have in front of them and could we have the amendment summarized please. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that Ordinance #144/2014 has been amended. Can somebody summarize it please? LAW DIRECTOR MARTUCCIO: Mr. President, Members of Council, Ms. Smith, this Ordinance is being reconsidered and amended at the request of our Service Director and Engineer Bodenschatz. There were some accounts that needed to be re-named and re-calculated. The reconsideration and the amendment to the Ordinance do that, and again, this is for the Faircrest Sanitary Sewer Project. Thank you. PRESIDENT PRO TEM MORRIS: Any remarks? MEMBER HAWK: Mr. President. PRESIDENT PRO TEM MORRIS: Member Hawk. MEMBER HAWK: Thank you. Is there a change in the dollar value of this? FINANCE DIRECTOR DIRUZZA: Mr. President. There is no change in the dollar value. From what I was told by the Auditor, they’re simply not labeled and they were (Inaudible). MEMBER HAWK: Thank you. PRESIDENT PRO TEM MORRIS: Any other questions, concerns? Alright, those in favor signify by saying yea. Those opposed nay. NO REMARKS RECONSIDERATION PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM MORRIS: Motion carries. Leader. #10. (3RD RDG) RECONSIDERED AND AMENDED AS ORDINANCE 144/2014 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR SERV DIR TO ADVERTISE, REC BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT TO FAIRCREST SANITARY SEWER PROJECT, GP 1142 AND NEGOTIATE AND SECURE THE SANITARY SEWER EASEMENTS/PROPERTY OWNERSHIP ON BEHALF OF THE CITY; AMENDING O#264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY (4 SUPP APPROP; INTERFUND TRANSFERS & APPROP TRANSFER) PRESIDENT PRO TEM MORRIS: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #144/2014 as amended. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -528- MINUTES OF THE MEETING AUGUST 11, 2014 MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #144/2014 as amended. Are there any remarks under this ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #10 RECONSIDERED AND AMENDED AS ORDINANCE NO. 144/2014 PRESIDENT PRO TEM MORRIS: Thank you Madame Clerk. Ordinance #144/2014 as amended has been reconsidered and adopted. Ordinance 11 please. #11. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE 157/2014 AN ORDINANCE VACATING A PORTION OF AMERMAN PLACE NE; APPROVING AND ACCEPTING THE REPLAT OF THE VACATED STREET AND LOTS 4162, 4163, 4164, 4165, 4166, 17604, 17616 AND 17617; AND DECLARING THE SAME TO BE AN EMERGENCY ( FROM EAST LINE OF PIEDMONT AVE NE TO WEST LINE OF WALNUT AVE NE FOR HUTTON GROWTH ONE, LLC) PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #11. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #11. Are there any remarks under this ordinance? Leader. MEMBER SMITH: Mr. President, I move we amend Ordinance #11 per copy that all Council Members have in front of them and could we also have that summarized. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to amend the Ordinance per a copy in front of each Council Member. Any remarks? Law Director. LAW DIRECTOR MARTUCCIO: Mr. President. This is an Ordinance vacating a portion of Amerman Place NE, and it involves replatting a vacated street, part of a lot, and several whole lots. Mr. Bodenschatz of the Engineering Department, asked us to make some corrections to make this simpler and up to date. At the point it was drafted, time was of the essence and there were some owners who needed to be replatted into one lot. That has been accomplished, so this amendment is updating it to its current needs. Thank you. PRESIDENT PRO TEM MORRIS: Any other questions? Okay, by voice vote, all those in favor signify by saying yea, or aye. All opposed no. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -529- MINUTES OF THE MEETING AUGUST 11, 2014 NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #11 as amended. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to amend...adopt Ordinance #11 as amended. Are there any remarks under this ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #11 ADOPTED AS AMENDED AS ORDINANCE NO. 157/2014 PRESIDENT PRO TEM MORRIS: Thank you Madame Clerk. Ordinance #11 as amended is adopted, and has been adopted. Ordinance 12 please. #12. (3RD RDG) ADOPTED AS ORDINANCE 158/2014 AN ORDINANCE AMENDING CHAPTER 105, CONTRACTS, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON PRESIDENT PRO TEM MORRIS: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #12. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance 12. Are there any remarks under this ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #12 ADOPTED AS ORDINANCE NO. 158/2014 PRESIDENT PRO TEM MORRIS: Thank you Madame Clerk. Ordinance #12 is adopted. Ordinance 13 please. #13. (3RD RDG ADOPTED AS ORDINANCE 159/2014 AN ORDINANCE ADOPTING THE CITY OF CANTON’S ALTERNATIVE TAX BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -530- MINUTES OF THE MEETING AUGUST 11, 2014 PRESIDENT PRO TEM MORRIS: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #13. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance 13. Are there any remarks under this ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 159/2014 PRESIDENT PRO TEM MORRIS: Thank you Madame Clerk. Ordinance #13 is adopted. Ordinance 14 please. #14. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE 160/2014 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY (3 SUPP APPROP -STREET, VEHICLE SELF INS, IT); (3 APPROP TRFS - STREET, HARMONT SANITARY SEWER, CODE ENF) PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #14. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM MORRIS: It’s been moved and adopted...wait, wait,...no, It’s moved and seconded that we adopt Ordinance #14. Wait...yeah, it is amended, we skipped something here. Are there any remarks under this ordinance? Leader. MEMBER SMITH: Mr. President, I move we amend Ordinance #14 per copy that all Council Members have in front of them and could we also have that summarized. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to amend the Ordinance per a copy in front of each Council Member. Any remarks? Law Director. FINANCE DIRECTOR DIRUZZA: Mr. President. PRESIDENT PRO TEM MORRIS: Finance Director. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -531- MINUTES OF THE MEETING AUGUST 11, 2014 FINANCE DIRECTOR DIRUZZA: The amendment for this is simply requested by the Auditor’s office. There are two, there’s a supplemental appropriation of $500,000.00 from the Sewer Fund to go to the WRF Phosphorous Project, there’s also a Meter Fund transfer in conjunction with that $500,000.00, which allows the money to be moved from the Sewer Fund to the WRF Project, and lastly, there was an appropriation transfer added for $2000.00 from personnel expenses to other expenses to cover possible mileage reimbursements and any other miscellaneous items. PRESIDENT PRO TEM MORRIS: Any other questions? Okay, by voice vote, those all in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #14 as amended. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Ordinance #14 as amended. Are there any remarks under this ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #14 ADOPTED AS AMENDED AS ORDINANCE NO. 160/2014 PRESIDENT PRO TEM MORRIS: Thank you Madame Clerk. Ordinance #14 as amended has been adopted. Ordinance 15 please. #15. (3RD RDG) ADOPTED AS ORDINANCE 161/2014 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT FROM THE STARK COUNTY SHERIFF’S OFFICE THE 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT IN AN AMOUNT NOT TO EXCEED $38,805.00; RATIFYING ANY AGREEMENT ENTERED INTO WITH THE STARK COUNTY COMMISSIONERS REGARDING THE DISTRIBUTION OF GRANT FUNDS; AUTHORIZING THE AUDITOR TO RENAME FUND 2787 TO THE 2014 BYRNE GRANT FUND; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($38,805.00 FROM UNAPPROP BAL 2787 2014 EDWARD BYRNE GRANT FUND TO 2787 102001 POLICE ADMIN - OTHER) PRESIDENT PRO TEM MORRIS: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #15. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -532- MINUTES OF THE MEETING AUGUST 11, 2014 PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance 15. Are there any remarks under this ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #15 ADOPTED AS ORDINANCE NO. 161/2014 PRESIDENT PRO TEM MORRIS: Thank you Madame Clerk. Ordinance #15 is adopted. Ordinance 16 please. #16. (3RD RDG) ADOPTED AS ORDINANCE 162/2014 AN ORDINANCE AUTHORING THE MAYOR AND/OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A ONE- YEAR PROFESSIONAL SERVICES CONTRACT WITH MD STEPHENS, LLC IN AN AMOUNT NOT TO EXCEED $25,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM MORRIS: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #16. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance 16. Are there any remarks under this ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #16 ADOPTED AS ORDINANCE NO. 162/2014 PRESIDENT PRO TEM MORRIS: Thank you Madame Clerk. Ordinance #16 is adopted. Ordinance 17 please. #17. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE 163/2014 AN ORDINANCE AUTHORIZING AND CONSENTING TO MINOR REHABILITATION AND MISCELLANEOUS BRIDGE WORK ON SR 30; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #17. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -533- MINUTES OF THE MEETING AUGUST 11, 2014 PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #17. Are there any remarks under this ordinance? Leader. MEMBER SMITH: Mr. President, I move we amend Ordinance #17 per copy that all Council Members have in front of them and could we also have that summarized. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to amend the Ordinance per a copy in front of each Council Member. Any remarks? . LAW DIRECTOR MARTUCCIO: Mr. President. Members of Council. Your ever so conscientious Member, Fisher, brought to our attention, this Ordinance incorrectly labeled Route 30...State Route 30, when it should have been US Route 30. This amendment makes that correction. Thank you Member Fisher. PRESIDENT PRO TEM MORRIS: Any other questions? Okay, by voice vote, all those in favor signify by saying yea, or aye. All opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #17 as amended. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Ordinance #17 as amended. Are there any remarks under this ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #17 ADOPTED AS AMENDED AS ORDINANCE NO. 163/2014 PRESIDENT PRO TEM MORRIS: Thank you Madame Clerk. Ordinance #17 is adopted as amended. Ordinance 18 please. #18. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE 164/2014 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO APPLY FOR AND ACCEPT OWNERSHIP OF 2426 - 30TH ST NE THROUGH THE STARK COUNTY LAND REUTILIZATION’S SIDE LOT DISPOSITION PROGRAM; ENTER INTO AGREEMENT FOR AND SECURE CITY OWNERSHIP OF 2560 30TH ST NE; ESTABLISH THE FAIR MARKET VALUE OF REAL PROPERTY; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; RESTRICTING THE EXPLOITATION OF MINERAL RIGHTS ON THE PROPERTY; AND DECLARING THE SAME TO BE AN EMERGENCY ($144,000.00 FROM UNAPPROP BAL 5601 REFUSE OPERATING FUND TO 5601 COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -534- MINUTES OF THE MEETING AUGUST 11, 2014 202010 ENGINEER DAILY OPERATIONS - OTHERS & $16,000.00 FROM UNAPPROP BAL 5410 SEWER OPERATING FUND TO 5410 202010 ENGINEER DAILY OPERATIONS - OTHER) PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #18. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #18. Are there any remarks under this ordinance? Leader. MEMBER SMITH: Mr. President, I move we amend Ordinance #18 per copy that all Council Members have in front of them and could we also have that summarized. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to amend the Ordinance per a copy in front of each Council Member. Any remarks? Law Director. LAW DIRECTOR MARTUCCIO: Mr. President. Members of Council. At the request of Service Director Bartos and folks in Engineering, we made a couple clarifications, including the fact that it is the Stark County Auditor’s Office that’s involved in the purchase agreement, to make that as clear as it can possibly be. Thank you. PRESIDENT PRO TEM MORRIS: Any other questions? Okay, by voice vote, all those in favor signify by saying yea, or aye. All opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #18 as amended. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Ordinance #18 as amended. Are there any remarks under this ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #18 ADOPTED AS AMENDED AS ORDINANCE NO. 164/2014 PRESIDENT PRO TEM MORRIS: Thank you Madame Clerk. Ordinance #18 as amended has been adopted. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -535- MINUTES OF THE MEETING AUGUST 11, 2014 Ordinance 19 please. #19. (3RD RDG) ADOPTED AS ORDINANCE 165/2014 AN ORDINANCE AMENDING SECTION 181.05, RETURN AND PAYMENT OF TAX; REFUND, OF THE CODIFIED ORDINANCES PRESIDENT PRO TEM MORRIS: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #19. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance 19. Are there any remarks under this ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #19 ADOPTED AS ORDINANCE NO. 165/2014 PRESIDENT PRO TEM MORRIS: Thank you Madame Clerk. Ordinance #19 has been adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT PRO TEM MORRIS: Turning now to Announcement of Committee Meetings. MEMBER SMITH: Mr. President. PRESIDENT PRO TEM MORRIS: Member Smith. MEMBER SMITH: (Inaudible).... PRESIDENT PRO TEM MORRIS: ...I was hoping he didn’t yell. MEMBER SMITH: C&ED on August 25th, I’m going to 6:45. PRESIDENT PRO TEM MORRIS: Alright. MEMBER MARIOL: Mr. President. PRESIDENT PRO TEM MORRIS: Member Mariol. MEMBER MARIOL: Public Property Capital Improvement Committee will meet, same time, same place. MEMBER WEST: Mr. President. PRESIDENT PRO TEM MORRIS: Member West. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -536- MINUTES OF THE MEETING AUGUST 11, 2014 MEMBER WEST: Public Safety & Thoroughfares will meet, same time, same place. PRESIDENT PRO TEM MORRIS: Thank you. No other committees? Good. MISCELLANEOUS BUSINESS PRESIDENT PRO TEM MORRIS: Turning now to Miscellaneous Business. Is there any miscellaneous business? MEMBER WEST: Mr. President. PRESIDENT PRO TEM MORRIS: Member West. MEMBER WEST: Mr. President, I have two things. Could we first take a moment of silence for the Martin family, the Gonzales family, and the driver, I don’t know his name. We had a major incident this past weekend, suicide and a child dying. It was a major tragedy that it impacted this Ward, so if we could take a moment of silence for the families. Thank you. The second thing that I wanted to just bring up, and this is not in my ward, but I think it affects every ward. Historically we really, we all got behind the Sherrick Road Project to try and get those roads done. Last year it was the Harrisburg Road, but I don’t know how many of you guys travel on Fulton, but that road is hideous, and whatever we can do to get behind re-paving Fulton. I think we should do that because it a really bad situation from 12th all the way down. I don’t know if that’s Hawk’s ward or Mariol’s ward. It’s somebody’s ward, but I believe that we all need to get behind it because it impacts us all. Thank you. PRESIDENT PRO TEM MORRIS: Thank you. Anybody else? MEMBER FISHER: Mr. President. PRESIDENT PRO TEM MORRIS: Mr. Fisher. MEMBER FISHER: Thank you sir. At the last meeting, I was remise in thanking Members West and Mariol, who both attending a town hall meeting that we held last month over at the Habitat for Humanity, the new Restore location, and also, Steve Katz from the Chamber of Commerce, who attending as the main speaker and several local business owners. We did it on the topic of supporting local business. We had a great turnout. Forty to forty-five people there. I think it was pretty successful, but we had a few Council Members who came down and took the tour of the facility, which is really amazing. If anybody has not done that yet, I would urge you to get down there. When I first went through there, I walked out kind of feeling like an idiot. I thought Habitat for Humanity...they build houses, end of discussion, what else is there to talk about? I came out of, I couldn’t believe all the things that those guys do in the building. It really is amazing, so I would encourage anyone that has not yet done so, get down and see the new location on Raff Road, but also to the members who attended, I do want to thank you guys. PRESIDENT PRO TEM MORRIS: Thanks Member Fisher. Anyone else. MEMBER HART: Mr. President. PRESIDENT PRO TEM MORRIS: Member Hart. MEMBER HART: Yes, I’d just like to...we have a young man sitting in the back, with his lovely girlfriend here, from East Sparta who’s attending the meeting. A future Eagle Scout, and again, I just would like to congratulate COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -537- MINUTES OF THE MEETING AUGUST 11, 2014 him on his endeavors. He’s soon to be 18, and the time is running out, but he said project’s done and ready to go, finishing up a badge, but an early congratulations on your achievement. (Applause). PRESIDENT PRO TEM MORRIS: Law Director. LAW DIRECTOR MARTUCCIO: Mr. President. Members of Council. A comment on the amount of amendments. Please take that as a compliment. Because your Service Director, your Purchasing Director, and a number of other folks in the Administration, various Department heads, are being extremely conscientious about reading Legislation that we send them. We get a Communication, we draft an Ordinance, we send it to them. They read it and they actually have, occasionally, better ideas and corrections. So by the time it hits third readings, you’re getting a perfected Ordinance. I just wanted to praise our Service Director in absentia, during his honeymoon, and others. And I appreciate that. And to Mr. Parker. Mr. Parker has come to us with a number of ideas, some of which have come to fruition. He’s a very creative person. On acupuncture, I can speak to that personally. Tomorrow I’m visiting an acupuncturist and I am paying for it out of my own money because our healthcare plan doesn’t cover it, but it helps prevent a lot of other money being spent. I am convinced, in having had herniated discs in my lower back and neck over the years from industrial injuries and others, that it has helped me not take drugs and it has helped me prevent surgeries. So, I haven’t spent the kind of money at Aultman Hospital that maybe I would otherwise, or Mercy Hospital. I do think it’s something worth looking into. Now, in terms of the deaths of these unfortunate folks, anything that we can partner with, the Community Clinic or some program with, to help prevent unnecessary deaths, I think is worth a look. That’s just my opinion folks. Thank you. PRESIDENT PRO TEM MORRIS: Anyone else? Okay, before I go to our Leader. Law Director, with a pounding head cold, I hardly find five amendments a blessing. (Laughter). Leader. MEMBER SMITH: One more thing I would like to say...I would like to compliment the Police Department, their Security, the Administration, for all that they did during the Hall of Fame. Everything was swell, it was great. We had a fantastic time. I think Canton really did a great job. (Applause). And at this time, this meeting is adjourned. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: Roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM MORRIS: (Gavel falls). ADJOURNMENT TIME: 8:19 P.M. ATTEST: AUGUST 13, 2014 APPROVED: AUGUST 13, 2014 CYNTHIA TIMBERLAKE FRANK MORRIS CLERK OF COUNCIL PRESIDENT PRO TEM

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM AUGUST 11, 2014 ROLL CALL: All Mem bers Present M OTION TO EXCUSE M EM BERS: President Schulm an Absent INVOCATION: John Mariol, W ard 7 Council Mem ber PLEDGE OF ALLEGIANCE: President Pro Tem Morris AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2nd Rdg O#4 - O#9; Com m unication #337 W ithdrawn; O#9 Adopted in 2 nd Rdg; O#144/2014 Reconsidered & Am ended, O#11, O#14, O#17 & O#18 Adopted as Am ended) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Julie Sparks provided inform ation on urban agriculture and food access to get fresh food to the citizens. There are now a few Farm er’s Markets and com m unity gardens around the city. Mobile m arkets and urban farm s are com ing up in the nation. If you see any item s labeled as Start Fresh they are from J. R. Colem an. Eric Resnick spoke as the President of the Canton Joint Recreation Board. A few weeks ago he was here and felt their Board was disrespected. They work hard at providing due diligence in m atters regarding this Board. If there are any questions regarding their policies or project please contact them . Bruce Nordm an feels the statue outside is a great beginning to celebrate football. He was here to encourage Council to approve the loan to Steve Coon for the Onesto Hotel project. This is definitely a positive thing for the city. Mr. Coon has reached into his own pockets m any tim es with his own funds to benefit the city and this will be a jewel when com pleted. Becky Murphy feels she is being punished for living in Canton yet working in Akron. She was unable to find a decent paying job in the city and now although she has 2.25% incom e tax withdrawn from her pay, she only receives credit for 1.7%. She feels the services in her neighborhood are not provided at the sam e level as services in som e other neighborhoods throughout the city. She pays her taxes the sam e as the rest of the people. Jim Parker discussed ways of opioid therapy for heroin and crack cocaine detoxification. He also feels that acupuncture should be considered for treatm ent. INFORM AL RESOLUTIONS: 34. PERSONNEL COMMITTEE: RE-APPT CHARLES DEGRAFF TO STARK AREA REGIONAL TRANSIT AUTHORITY BOARD FROM 9/1/14 - 8/31/17. - ADOPTED COM M UNICATIONS: 333. AUDITOR MALLONN: CORRECTION OF AMENDED CERT FROM 4/11/14. - RECEIVED & FILED 334. AUDITOR MALLONN: REQ FOR ADDTL AMENDED CERT FOR 7/28/14. - RECEIVED & FILED 335. AUDITOR MALLONN: MNTHLY RPT BY FUND 7/1/14 - 7/31/14. - RECEIVED & FILED 336. AUDITOR MALLONN: YRLY RPT BY FUND 1/1/14 - 7/31/14. - RECEIVED & FILED 337. COMM DEV DIRECTOR MILLER: ESTABLISH FAIR REUSE VALUE OF PARCELS OF REAL PROP & AUTHORIZE THE DISPOSITION OF SAID PROP (PARCEL #225695 @ 402 RAYNOLDS PL SW ; PARCEL #228723 @ 442 W AYNESBURG DR SE; PARCEL #233228 @ 2114 3 RD ST NE; PARCEL #202030 @ 1601 19 TH ST NE) ALL FOR $1.00 TO STARK COUNTY LAND REUTILITZATION CORP. - W ITHDRAW N 338. CNCL-AT-LRG MBR HART: ESTABLISH BRICK STREET REPAIR PROG IN CANTON. - RECEIVED & FILED 339. DEPT OF COMMERCE: NOTICE OF HRG ON TRANSFER OF C-1-2 PERMIT FOR SSP OF CANTON, INC. DBA S & K MINI MART @ 1735 CLEVELAND AVE NW ON 9/3/14 AT 2:00 PM @ DEPT OF JOB & FAMILY SERV, 221 3 RD ST SE. - RECEIVED & FILED 340. DEPT OF COMMERCE: NOTICE OF HRG ON TRANSFER OF C-1-2, D-6 PERMIT FOR HARMONT QUICK STOP, LLC DBA HARMONT QUICK STOP @ 3325 HARMONT AVE NE ON 9/3/14 AT 1:00 PM @ DEPT OF JOB & FAMILY SERV, 221 3 RD ST SE. - RECEIVED & FILED 341. DEPUTY MAYOR W ILLIAMS: CONTINUE CONTRACTUAL AGMT W ITH CITY OF CANTON AND CCIC IN AMT NOT TO EXCEED $250,000.00. - FINANCE COMMITTEE 342. DEPUTY MAYOR W ILLIAMS: AUTHORIZE SERV DIR TO ENTER INTO LOAN AGMT IN AMT NOT TO EXCEED $2,000,000.00 BETW EEN CITY OF CANTON AND HISTORIC ONESTO, LLC. ADMINISTERED BY CCIC; APPROVE ISSUANCE OF REVENUE BOND ANTICIPATION NOTE FOR PURPOSE OF FUNDING SAID LOAN; REQ FUNDS BE ESTABLISHED TO DISTRIBUTE PAYMENTS & REC REPAYMENTS; REQ $2,000,000.00 SUPP APPROP FROM NEW FUND TO DISTRIBUTE PROCEEDS OF NOTE; ALLOW ADEQUATE STOP GAP FINANCING AND AMEND SECTION 181.14(C) OF CODIFIED ORDINANCE OF CITY OF CANTON TO PERMIT CAPITAL IMPROVEMENT FUND TO REPAY OBLIGATIONS. - FINANCE COMMITTEE 343. DEPUTY MAYOR W ILLIAMS: REQ W ITHDRAW OF COM #317 FROM 7/28/14 AGENDA. - RECEIVED & FILED CANTON CITY COUNCIL AGENDA - PAGE 2 - AUGUST 11, 2014 COM M UNICATIONS CONTINUED: 344. DEPUTY MAYOR W ILLIAMS: AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO AGMT W ITH STONE CROSSING CARE CTR FOR NEW JOB CREATION INCENTIVE PROG PART OF ECONOMIC GROW TH INITIATIVE TO CREATE 50 NEW JOBS OVER NEXT 5 YRS. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 345. SAFETY DIRECTOR PERRY: AUTHORIZE REPEAL OF SECTION 133.051 OF CODIFIED ORDINANCES W HICH PERMITS BILLING FOR FIRE DEPT SERV PROVIDED AT MOTOR VEHICLE ACCIDENTS. - JUDICIARY COMMITTEE 346. SERVICE DIRECTOR BARTOS: REQ CERTIFICATION OF PROP TAXES TO COUNTY AUDITOR FOR DELINQUENT W ATER & SEW ER CHARGES. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 347. TREASURER PEREZ: RPT OF DEPOSITS AND PAY INS FOR JULY 2014 TO AMBULANCE LOCK BOX ACCT. - RECEIVED & FILED 348. TREASURER PEREZ: RPT OF PARKING METER REV FOR JULY 2014. - RECEIVED & FILED 349. TREASURER PEREZ: RPT OF BANK RECONCILIATIONS & CITY’S OUTSTANDING INVESTMENTS AS OF 7/31/14. - RECEIVED & FILED 350. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS FILED AS OF 6/30/14. - RECEIVED & FILED 351. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS FILED AS OF 7/31/14. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AUTHORIZE & ORDER SIDEW ALK REPAIRS UPON SERV OF RESOLUTION; AUTHORIZE SERV DIR TO EFFECT SAID REPAIRS IS NOT COMPLETED; AUTHORIZE CLERK OF COUNCIL TO ASSESS & CERTIFY COSTS TO COUNTY AUDITOR AS A TAX LIEN; EMERGENCY (1117 8 th St NW ) Referred to Public Safety & Thoroughfares Com m ittee 1 ST RDG 2. AUTHORIZE DISCHARGE OF DEMO LIEN, ASSESSMENTS, PENALTIES & INTEREST ON PROP KNOW N AS PARCEL #02-21664 ON BEDFORD SW ; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 3. AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & ENTER INTO CONTRACT FOR PURCHASE OF SNOW PLOW S & SALT SPREADERS; AUTHORIZE MAYOR AND/OR DIR TO ALTERNATIVELY PURCH SAID SNOW PLOW S & SALT SPREADERS PURSUANT TO STATE COOP PURCHASING AGMT; AMEND APPROP O#264/2013; EMERGENCY Referred to Public Property Capital Im provem ent Com m ittee ORDINANCE & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#4 - O#9; O#9 ADOPTED) 2 ND RDG 4. ESTABLISH FAIR REUSE VALUE OF TW O PARCELS OF CITY OW NED PROP; AUTHORIZE SALE AND CONVEYANCE OF SAID PROP; EMERGENCY (PARCEL #’S 02-32362 & 02-32363 ON CORNER OF E TUSC & COLE AVE FOR JAMES HOSENBACKEZ) (C&ED) 2 ND RDG 5. AMEND O#264/2013; EMERGENCY ($175,000.00 FROM UNAPPROP BAL 1001 GENERAL FUND TO 1001 601001 COUNCIL ADMIN - OTHER) (FIN) 2 ND RDG 6. AUTHORIZE SAF DIR TO ACCEPT EQUIP AW ARDED TO CANTON POLICE DEPT THROUGH A LAW ENFORCEMENT STATE HOMELAND SECURITY PROG GRANT; EMERGENCY (PPCI) 2 ND RDG 7. AUTHORIZE CITY AUDITOR TO PAY $328.00 TO AULTW ORKS FOR OCCUPATIONAL INJURIES & DRUG SCREENS; EMERGENCY (FIN) 2 ND RDG 8. AUTHORIZE AUDITOR TO PAY A REFUND TO TIMKEN STEEL CORP IN AMT NOT TO EXCEED $121,257.49; AMEND O#264/2013; EMERGENCY ($121,257.49 FROM UNAPPROP BAL 5410 SEW ER FUND TO 5410 207003 74711 UTILITY BILLING - OTHER) (FIN) 156/2014 9. ESTABLISH FAIR REUSE VALUE OF ONE PARCEL OF CITY OW NED PROP; AUTHORIZE SALE & CONVEYANCE OF SAID PROP; EMERGENCY (PARCEL #02-21072 ON W INFIELD W AY NE FOR JRC (FORMERLY JR COLEMAN)) (C&ED) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: RECONSIDERED & AM ENDED 144/2014 10. AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD AND EXECUTE A CONSTRUCTION CONTRACT TO FAIRCREST SANITARY SEW ER PROJECT, GP 1142 AND NEGOTIATE & SECURE THE SANITARY SEW ER EASEMENTS/PROP OW NERSHIP ON BEHALF OF CITY; AMEND O#264/2013; EMERGENCY (4 SUPP APPROPS, INTERFUND TRANSFERS & APPROP TRANSFER) CANTON CITY COUNCIL AGENDA - PAGE 3 - AUGUST 11, 2014 ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE CONTINUED: AM ENDED AS 157/2014 11. VACATE A PORTION OF AMERMAN PL NE; APPROVE & ACCEPT REPLAT OF VACATED STREET AND LOTS 4162 - 4166, 17604, 17616 AND 17617; EMERGENCY (FROM EAST LINE OF PIEDMONT AVE NE TO W EST LINE OF W ALNUT AVE NE FOR HUTTON GROW TH ONE, LLC) 158/2014 12. AMEND CHAPTER 105, CONTRACTS, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON 159/2014 13. ADOPT CITY OF CANTON’S ALTERNATIVE TAX BUDGET FOR FISCAL YR ENDING DEC 31, 2015; EMERGENCY AM ENDED AS 160/2014 14. AMEND O#264/2013 (3 SUPP APPROP - STREET, VEHICLE SELF INS, IT); (3 APPROP TRANSFERS - STREET, HARMONT SANITARY SEW ER, CODE ENF); EMERGENCY 161/2014 15. AUTHORIZE SAF DIR TO ACCEPT FROM STARK CTY SHERIFF THE 2014 EDW ARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT IN AMT NOT TO EXCEED $38,805.00; RATIFY ANY AGMT ENTERED INTO W ITH STARK CTY COMMISSIONERS REGARDING DISTRIBUTION OF GRANT FUNDS; AUTHORIZE AUDITOR TO RENAME FUND 2787 TO THE 2014 BYRNE GRANT FUND; AMEND O#264/2013; EMERGENCY 162/2014 16. AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO ONE-YR CONTRACT W ITH MD STEPHENS, LLC IN AMT NOT TO EXCEED $25,000.00; EMERGENCY AM ENDED AS 163/2014 17. AUTHORIZE AND CONSENT TO MINOR REHAB AND MISC BRIDGE W ORK ON SR 30; EMERGENCY AM ENDED AS 164/2014 18. AUTHORIZE MAYOR AND/OR SERV DIR TO APPLY FOR AND ACCEPT OW NERSHIP OF 2426 - 30 TH ST NE THOUGH THE STARK CTY LAND REUTILIZATION’S SIDE LOT DISPOSITION PROG; ENTER INTO AGMT FOR AND SECURE CITY OW NERSHIP OF 2560 - 30 TH ST NE; ESTABLISH FAIR MARKET VALUE OF REAL PROP; AMEND O#264/2013; RESTRICT EXPLOITATION OF MINERAL RIGHTS ON THE PROP; EMERGENCY ($144,000.00 FROM UNAPPROP BAL 5601 REFUSE OPERATING FUND TO 5601 202010 ENGINEER DAILY OPERATIONS - OTHER AND $16,000.00 FROM UNAPPROP BAL 5410 SEW ER OPERATING FUND TO 5410 202010 ENG DAILY OPERATIONS - OTHER) 165/2014 19. AMEND SECTION 181.05, RETURN AND PAYMENT OF TAX; REFUND, OF THE CODIFIED ORDINANCES ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, August 25, 2014 in Council Caucus Room at 6:45 PM 1) Com m unity & Econom ic Developm ent Com m ittee 2) Public Property Capital Im provem ent Com m ittee 3) Public Safety & Thoroughfares Com m ittee M ISCELLANEOUS BUSINESS: Mem ber W est requested a m om ent of silence for the Martin and Gonzalez fam ilies as well as the driver of the truck and his fam ily for the tragedy over the weekend. (Moment of silence observed) He also requested that all Council Mem bers get behind a project to pave Fulton Road as they have in the past for the Sherrick Road or Harrisburg Road projects. Mem ber Fisher thanked Mem ber W est and Mem ber Mariol for attending a Town Hall at Habitat for Hum anity a few weeks ago. This was very well attended and very enlightening. He was really surprised at all they do. Mem ber Hart congratulated an Eagle Scout in the audience for his achievem ents. Law Director Martuccio stated that Council should be grateful for all of the am endm ents because that m eans that the Departm ent Heads are actually reading the legislation and are able to m ake corrections before passage. Mem ber Sm ith thanked all of the city service departm ents and the Police for all of their efforts during Hall of Fam e week. ADJOURNM ENT: 8:19 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, AUGUST 25, 2014 @ 7:30 PM

Get email alerts for Canton

A daily email when new agendas and minutes are posted.

Report an issue with this meeting